3301-20-01
Employment of individuals in positions that require a license and licensure of individuals with certain criminal convictions or other alternative dispositions.

The purpose of this rule is to ensure the safety and well-being
of students, and, pursuant to sections
3319.39 and
3319.31 of the Revised Code,
establish rehabilitation standards for those individuals with certain criminal
convictions and other alternative dispositions seeking employment with a
district for a position that requires a license issued by the state board of
education, those currently employed by a district in a position that requires a
license issued by the state board of education, and those seeking or currently
holding licensure by the state board of education. The provisions of this rule
apply to teachers, substitutes, educational aides, holders of pupil activity
supervisor permits, and any other position which requires a license issued by
the state board of education.

(a)
One who is under final consideration for
appointment or employment in a position that requires a license issued by the
state board of education. An "applicant" does not include a person currently
employed by a district in a position that requires a license issued by the
state board of education who is under consideration for a different position
with the same district; or

(b)
A
person applying for an initial license, certificate, or permit described in
Chapter 3319. or in division (B) of section
3301.071 or in section
3301.074 of the Revised
Code.

(2)
"Educator"
means a person holding any license, certificate, or permit described in Chapter
3319. or in division (B) of section
3301.071 or in section
3301.074 of the Revised
Code.

(3)
"Criminal records check"
has the same meaning as section
109.572 of the Revised
Code.

(4)
"District" means a school
district as described in section
3311.01 of the Revised Code,
educational service centers, community schools, STEM
schools, college-preparatory boarding schools, county
boards of
DD, chartered non-public schools, preschool programs, and any other future school chartered by the
department.

(5)
"State board"
means the Ohio state board of education as defined in section
3301.01 of the Revised
Code.

(6)
"Superintendent" means
the superintendent of public instruction and his/her designee as defined in
section 3301.13 of the Revised
Code.

(7)
"Department" means the
Ohio department of education as defined in section
3301.13 of the Revised
Code.

(8)
"License" means the same
as the term license as defined in division (A) of section
3319.31 of the Revised
Code.

(9)
"Upon learning" means
when first having knowledge of either official results
of a criminal background check or a guilty plea, finding of guilt or
conviction that has been verified through certified court or law enforcement
records.

(11)
"Offense" means a violation of a criminal section of
the Revised Code, or any municipal ordinance or law of this state, another
state, or the United States that is substantially equivalent to a violation of
a criminal section of the Revised Code.

(12)
For the
purposes of this rule, the term "conviction" or "convicted" includes any
determination of guilt resulting from a plea of guilty to or a finding of guilt
by a jury or court of any violation of an offense.

(B)
No district shall employ, the state board
shall not issue a license to, and the superintendent shall not enter into a
consent agreement with an applicant or educator upon learning that he/she has
been convicted of any
absolute bar offense.

(C)
The state board
shall revoke an educator's license upon learning that he/she has been convicted
of any violation of any absolute bar offense. If the state board intends to
deny or revoke a license pursuant to this paragraph, the state board shall act
in accordance with division (C) of sections
3319.31 and
3319.311 of the Revised Code and
Chapter 3301-73 of the Administrative Code.

(D)
If an educator has been convicted of any offense, other
than an absolute bar offense , the state board shall act in accordance
with sections 3319.31 and
3319.311 of the Revised Code and
Chapter 3301-73 of the Administrative Code. If the educator satisfies all terms
and conditions of a consent agreement or state board adopted resolution
pertaining to the educator, he/she shall be deemed rehabilitated with regard to
the specific offense addressed in the consent agreement or resolution for
purposes of future employment. A district maintains the discretion whether to
employ an educator who has been deemed rehabilitated under this paragraph and
the state board reserves the right to institute further formal proceedings
based upon other violations of section
3319.31 of the Revised Code,
whether occurring before or after the effective date of the consent agreement
or a state board adopted resolution.

(E)
No district shall employ, the state board shall not
issue an initial license to, and the superintendent shall not enter into a
consent agreement with an applicant who has previously been convicted of an
offense listed in division (B)(1) of section
3319.39 of the Revised Code or
section 3319.31 of the Revised Code
unless all of the following conditions are met:

(1)
The conviction is not one of the
absolute bar offenses defined in paragraph (A)(10) of
this rule;

(2)
At the time of the offense, the victim of the offense
was not a person under eighteen years of age or enrolled as a student in a
district;

(3)
The applicant can demonstrate
rehabilitation by meeting the following rehabilitation criteria
:

(a)
If the offense was a felony, at least five years
have elapsed since the applicant was fully discharged from imprisonment,
probation, or parole or the applicant has had the record of his/her
conviction
sealed or expunged pursuant to section
2953.32 of the Revised Code or
any municipal ordinance or law of this state, another state or the United
States that is substantially equivalent to section
2953.32 of the Revised Code.

(b)
If the offense was a misdemeanor, at least five years
have elapsed since the date of conviction or the applicant has had the record
of his/her conviction sealed or expunged pursuant to section
2953.32 of the Revised Code or
any municipal ordinance or law of this state, another state or the United
States that is substantially equivalent to section
2953.32 of the Revised
Code.

(c)
The applicant is not a repeat offender. A repeat
offender is an applicant who has been convicted of any of the offenses listed
in division (B)(1) of section
3319.39 of the Revised code or
section 3319.31 of the Revised Code two
or more times in separate criminal actions. The following factors shall be
considered when determining an applicant's repeat offender status:

(d)
The applicant provides written
confirmation of his/her efforts at rehabilitation, the results
of those efforts, and whether the terms of his/her
probation, parole or deferred adjudication have been completed. Written
confirmation may include a statement by a court, parole officer, probation
officer, treatment provider and/or counselor that
the applicant has been rehabilitated. Such written
confirmation will not be conclusive evidence that the applicant has met the
other rehabilitation criteria listed in this rule.

(e)
A reasonable person would conclude that
the applicant's hiring or licensure will not jeopardize the health, safety, or
welfare of the persons served by the district. Evidence that the applicant's
hiring or licensure will not jeopardize the health, safety, or welfare of the
persons served by the district shall include, but not be limited to the
following factors:

(viii)
Whether the applicant fully disclosed
the crime to the state board, the department and the district;

(ix)
Whether employment or licensure will
have a negative impact on the local education community;

(x)
Whether employment or licensure will have
a negative impact on the state-wide education community; and

(xi)
Any other factors the state board,
district, or superintendent considers relevant.

(F)
It is the applicant's duty to
provide written evidence upon application for employment or licensure that the
conditions specified in paragraph (E) of this rule are met. If the applicant
fails to provide such evidence or if the district or the state board determines
that the proof offered by the applicant is inconclusive or does not establish
proof of rehabilitation, the applicant shall not be hired and the license shall
not be issued. Any doubt shall be resolved in favor of protecting the persons
served by the district. If the state board intends to
deny a license based on the criteria specified in paragraph (E) of this rule
not being met ,
the state board, through the superintendent, shall notify the applicant and
afford the applicant the opportunity to request an administrative hearing under
section 3319.31 and Chapter 119. of the
Revised Code.

(G)
This rule is
applicable to records of convictions that have been sealed pursuant to section
2953.32 of the Revised Code or
any municipal ordinance or law of this state, another state, or the United
States that is substantially equivalent to section
2953.32 of the Revised Code.
For purposes of this rule, a sealed conviction includes
a conviction that has been expunged pursuant to a court order.

(H)
A conviction
of an offense listed in division (B)(1) of section
3319.39 of the Revised Code
or section
3319.31 of the Revised Code
shall not prevent an applicant's
hiring if the applicant has been granted an unconditional pardon for the
offense pursuant to Chapter 2967. of the Revised Code or the conviction or
guilty plea has been set aside pursuant to law. For purposes of this rule,
unconditional pardon includes a conditional pardon with respect to which all
conditions have been performed or have transpired.

(I)
If an applicant or educator has been
granted a judicial finding of eligibility for intervention in lieu of
conviction under section
2951.041 of the Revised Code, or
has agreed to participate in a pre-trial diversion program under section
2935.36 of the Revised Code, or
a similar diversion program under rules of a court, for any offense listed in
division (B)(2) of section
3319.31 or division (C) of
3319.31 of the Revised Code, the
state board shall act in accordance with sections
3319.31 and
3319.311 of the Revised Code and
Chapter 3301-73 of the Administrative Code.

(J)
This rule is promulgated under the state
board and department of education's rule-making authority under section
3319.31, division (E) of section
3319.311, and section
3319.39 of the Revised
Code.

(K)
Thorough documentation of
the district's proceedings and decision on employment shall be maintained in
the district's files.